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집행유예
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(영문) 서울중앙지방법원 2007. 11. 23. 선고 2007고합1009 판결
[특수공무집행방해치상][미간행]
Escopics

Defendant

Prosecutor

Olwon

Defense Counsel

Attorney Kim Jong-soo (Korean Office Election)

Text

A defendant shall be punished by imprisonment for two years.

Two days of detention before this judgment is sentenced shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is the secretary-general of the "Council of Bereaved Family of Victims of the Pacific War" established by Japan to recover the human rights of victims and to request compensation of victims to the Government of Japan as the bereaved families of those who have been drafted for forced use in the Pacific War by Japan. On April 25, 2007, the bereaved families' bereaved families council of victims of the Pacific War was proceeding with the National Assembly on April 25, 2007, on the ground that "the legislative bill on the support of victims of forced mobilization in the Republic of Korea under Japanese colonial Rule" was pending in the Legislation and Judiciary Committee through the National Assembly Administrative Autonomy Committee and did not reflect the requirements of the bereaved families' Council, such as "extension of the scope of bereaved families and the payment of pension" in the above Act, and was proceeding with the National Assembly of Japan in front of the General Assembly of Japan located in Busan on May 21, 2007.

On June 18, 2007, around 16:30, at the citizen fever (number omitted) in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul Metropolitan Government, driving a motor vehicle of the above bereaved family council (vehicle number omitted) with a red pressle fluor, which is owned by the above bereaved family council and proceed to the seat of the Japanese Embassy, with 30 members and 200 police officers, including Non-Indicted 1, around the number of the police officers belonging to the Seoul Western Police Station, the police officer was deprived of from the police officers in the name of 200, including Non-Indicted 1, who are in charge of the crime patrol team of the Seoul Western Police Station. Accordingly, the police officer's legitimate suppression of the demonstration interfered with the police officers' legitimate suppression of the demonstration by driving the above fluoring vehicle, which is a dangerous object, and thereby, the police officer's 5 police officers, such as Non-Indicted 1, etc., suffered from the injury of the fluoral base and tension

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against Nonindicted 3 and 4

1. Each statement of Nonindicted 5, 6, 1, and 7

1. Arrest note, report on information status, and documentary evidence and photographs;

1. Each written diagnosis;

Application of Statutes

1. Article applicable to criminal facts;

Articles 144(2) and (1), and 136(1) of each Criminal Code

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments on the Crimes of Injury resulting from Special Obstruction of Official Duties against Non-Indicted 5, who is the most severe offense)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances specified in the sentencing grounds):

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent Consideration for Discretionary Mitigation)

Grounds for sentencing

The crime of this case was committed with the aim of reflecting the requirements of the organization to which the Defendant belongs, while driving a van, which is a dangerous object that the Defendant had been driven by the police for the purpose of reflecting the demand of the organization, and interfered with the legitimate suppression of demonstration and injury to five passengers at the police. The crime of this case is very bad in view of the fact that the method of the crime is dangerous and the public authority is dangerous. However, the crime of this case is committed by the Defendant, but it appears that the Defendant did not plan the violence demonstration in advance, and the police officers were forced to stop their entry into the country, and it appears that the police officers followed the crime by contingently. The injury suffered by the police officers is relatively minor. The Defendant might be considered to have committed the crime of this case with the intent to compensate the bereaved family members of the victims of the Pacific War, and there is no other evidence to be considered to have led to the crime of this case except a minor fine, and the Defendant does not have any other criminal records, and the execution of this sentence shall be suspended simultaneously, as determined by the order of this case.

It is so decided as per Disposition for the above reasons.

[Attachment]

Judges Hanyang-yang (Presiding Judge)

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